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Court of Appeal judge (England and Wales)
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A Lord Justice of Appeal or Lady Justice of Appeal is a judge of the Court of Appeal of England and Wales, the court that hears appeals from the High Court of Justice, the Crown Court and other courts and tribunals.[1] A Lord (or Lady) Justice of Appeal is the second highest level of judge in the courts of England and Wales. Despite the title, and unlike the former Lords of Appeal in Ordinary (who were judges of still higher rank), they are not peers.
Appointment
[edit]The number of Lord Justices of Appeal was fixed at five by the Supreme Court of Judicature Act, 1881, but has since been increased. Judges of the Court of Appeal of England and Wales are selected from the ranks of senior judges, in practice High Court judges with lengthy experience, appointed by the Monarch on the recommendation of the Prime Minister.
Jurisdiction
[edit]Applications for permission to appeal a ruling of an inferior court (usually from the Crown Court in criminal matters and the High Court of Justice in civil matters but in some instances from a County Court) are heard by a single Lord or Lady Justice of Appeal. A full appeal is heard by three Court of Appeal judges in the Civil Division. In the Criminal Division, a single judge hears appeals against conviction with two other judges of the Court of Appeal Criminal Division (typically, two High Court judges, or one High Court judge and one senior circuit judge). Appeals against sentence may be heard by a single Court of Appeal judge with another judge, or by two High Court judges.
Title and form of address
[edit]In court, a Lord Justice of Appeal is addressed as "My Lord" or "Your Lordship", and a Lady Justice of Appeal is referred to as "My Lady" or "Your Ladyship". The style of "Lord Justice of Appeal" was prescribed by the Supreme Court of Judicature Act 1877, but the term "Lady Justice" was used in practice by women soon after they were promoted to sit as judges of the Court of Appeal, and the term was included in the Courts Act 2003. When there is already or has until recently been a judge with the same surname as a new appointee, the new judge will often use a first name as part of his or her judicial title. Many judges have done this, such as Lord Justice Lawrence Collins (Sir Lawrence Antony Collins).
When referring to a Lord or Lady Justice of Appeal in a legal context, the judge is identified by use of the surname (or first name and surname if appropriate), followed by the letters "LJ". For example, Lord Justice Bloggs or Lady Justice Bloggs would be referred to as "Bloggs LJ". Where several judges are listed the double letters 'LJJ' are used; for example, "Bloggs, Smith and Jones LJJ".
A knighthood is granted to a man upon appointment to the High Court, usually made a Knight Bachelor; by convention, a woman on appointment to the High Court becomes a Dame Commander of the Most Excellent Order of the British Empire (DBE). By convention judges of the Court of Appeal are sworn of the Privy Council, entitling them to the honorific "The Right Honourable".
Court dress
[edit]Formerly, in all instances in court, a Court of Appeal judge's apparel consisted of a black silk gown, court coat or waistcoat and a short bench wig. In cases heard by the Court of Appeal Criminal Division, this remains the court dress. In cases heard in the Civil Division, judges wear a one-piece, zip-up robe onto which are stitched vertical, gold, clerical bands and no wig. These bands are red for High Court judges, pink for High Court Masters and Insolvency and Companies Court Judges, and blue for District Judges. On ceremonial occasions more elaborate robes and wigs are worn.
See also
[edit]References
[edit]- ^ "Judicial Profiles - Judicial Profiles - Court of Appeal Judges". Archived from the original on 14 October 2006.
External links
[edit]
Court of Appeal judge (England and Wales)
View on Grokipediafrom Grokipedia
A Court of Appeal judge in England and Wales is a senior judicial officer, titled Lord or Lady Justice of Appeal, who serves on the Court of Appeal, the second tier in the appellate structure of the Senior Courts, primarily adjudicating appeals from the High Court, Crown Court, and certain tribunals in civil and criminal matters.[1][2]
Appointed by the monarch on the recommendation of a selection panel convened under the Constitutional Reform Act 2005, these judges must demonstrate substantial prior judicial experience, typically as High Court judges or equivalent, with selections emphasizing merit, ability, and diversity of background through an open competitive process managed by the Judicial Appointments Commission.[2][3]
The Court of Appeal operates in Civil and Criminal Divisions, with cases generally heard by panels of three judges to ensure collegial decision-making and consistency in interpreting law and facts.[4][1]
Comprising around 38 ordinary Lords and Ladies Justice of Appeal plus ex officio heads of division such as the Lord Chief Justice and Master of the Rolls, the judiciary maintains a workload focused on correcting errors of law, fact, or procedure from inferior courts, thereby safeguarding legal standards without original jurisdiction.[1]
Notable for their role in landmark rulings that shape precedent, these judges operate independently, insulated from executive influence post the creation of the independent Supreme Court in 2009, though the position has faced scrutiny over appointment transparency and judicial tenure amid evolving caseload pressures.[5]
Professional backgrounds reinforce homogeneity: 69% of court judges, including senior roles, hail from barrister origins, a group historically less diverse than solicitors, with only 31% of court judges from non-barrister paths as of 2024.[36] Data on age, disability, and sexual orientation for the Court of Appeal specifically remains sparse in official releases, though overall judiciary figures indicate median ages above 55 and disability reporting at low single digits following recent self-reporting improvements.[39] Progress in diversity has been incremental but uneven, with senior appointments prioritizing experience over demographic quotas, as evidenced by persistent gaps despite Judicial Appointments Commission initiatives since 2005.[40]
Historical Background
Establishment and Early Development
The Court of Appeal for England and Wales was established as part of a comprehensive judicial reform enacted through the Judicature Acts 1873 (36 & 37 Vict. c. 66) and 1875 (38 & 39 Vict. c. 77), which came into effect on 1 November 1875.[6] These statutes created the Supreme Court of Judicature, comprising the High Court of Justice and the Court of Appeal, to consolidate and streamline the previously fragmented system of superior courts handling common law, equity, probate, divorce, and admiralty matters.[7] The reforms addressed longstanding inefficiencies, including overlapping jurisdictions and procedural delays exacerbated by the caseload surge from the Industrial Revolution, as identified by the Judicature Commission appointed in 1869.[6] Initially focused on civil appeals, the Court of Appeal replaced ad hoc appellate bodies such as the Court of Exchequer Chamber and the appellate jurisdiction of the Court of Chancery, providing a unified intermediate tier of review from High Court decisions.[8] It was presided over by the Lord Chancellor, with a small cadre of Lords Justices of Appeal—initially drawn from existing Lords Justices in Chancery and supplemented by new appointments—as its core judicial officers. This structure aimed to ensure consistent application of fused law and equity principles, with the court empowered to sit in divisions for efficiency while maintaining authority to hear cases en banc if needed.[6] In its formative phase, the court operated from venues including Westminster Hall and Lincoln's Inn before transferring to the newly constructed Royal Courts of Justice in 1882, which centralized judicial administration in London.[6] Criminal appeals remained outside its purview until the creation of a separate Court of Criminal Appeal in 1907, highlighting the deliberate phasing of reforms to prioritize civil procedure simplification amid ongoing debates over jury trial finality in criminal matters.[7] Early jurisprudence emphasized procedural uniformity and equitable remedies, setting precedents that influenced the evolution of appellate review standards through the late 19th century.[8]Expansion of Jurisdiction
The Court of Appeal's jurisdiction, initially limited to civil appeals following its establishment under the Judicature Acts 1873 and 1875, underwent significant expansion in 1966 with the enactment of the Criminal Appeal Act 1966.[6] This legislation abolished the standalone Court of Criminal Appeal, which had been created by the Criminal Appeal Act 1907 to handle appeals from convictions and sentences in Crown Court cases, and transferred its entire jurisdiction to a new Criminal Division of the Court of Appeal.[6] The integration aimed to rationalize the appellate system by consolidating criminal appeals within the existing Court of Appeal framework, thereby reducing institutional fragmentation while preserving specialized handling through the dedicated Criminal Division presided over by the Lord Chief Justice.[9] Prior to this, criminal appeals had been siloed outside the Court of Appeal's civil-focused structure, leading to inefficiencies in judicial resources and procedural consistency.[6] The Criminal Appeal Act 1968 subsequently consolidated and refined these provisions, formalizing the Criminal Division's authority over appeals against conviction, sentence, and certain prosecutorial decisions, with provisions for leave to appeal and references from the Criminal Cases Review Commission established later in 1997. Subsequent legislative developments further broadened the court's scope, particularly in administrative and tribunal appeals. The Tribunals and Inquiries Act 1971 and later the Tribunals, Courts and Enforcement Act 2007 expanded routes for appeals from specialized tribunals—such as those in immigration, planning, and social security—to reach the Court of Appeal, often via the Upper Tribunal or High Court as a filter. These changes reflected a policy shift toward centralized appellate oversight for complex regulatory matters, enhancing the court's role in ensuring uniformity in lower tribunal decisions without diluting its core High Court appeal function defined under the Senior Courts Act 1981. The Access to Justice Act 1999 introduced permission requirements for appeals but also clarified and extended the court's supervisory jurisdiction over certain public law challenges previously fragmented across divisional courts. In the civil domain, jurisdiction expanded incrementally to include appeals from county court decisions exceeding specified financial thresholds and from High Court interlocutory orders, as codified in the Senior Courts Act 1981, which superseded earlier patchwork statutes. This consolidation addressed prior limitations where smaller claims lacked appellate recourse to the Court of Appeal, promoting access to higher scrutiny for disputes of national significance while imposing procedural safeguards against frivolous appeals. Overall, these expansions transformed the Court of Appeal into a more versatile intermediate appellate body, handling approximately 1,000-1,500 cases annually across divisions by the early 21st century, though caseload pressures prompted ongoing reforms like those under the Courts Act 2003 for efficiency.[10]Appointment and Qualifications
Eligibility Requirements
To qualify for appointment as a Lord Justice of Appeal or Lady Justice of Appeal, a person must either hold the office of a judge of the High Court or satisfy the judicial-appointment eligibility condition on a 7-year basis, as specified in section 10(3) of the Senior Courts Act 1981.[11] This statutory threshold ensures that appointees possess significant legal expertise, either through prior superior court judicial service or extended professional practice.[11] The judicial-appointment eligibility condition on a 7-year basis, defined in section 50 of the Tribunals, Courts and Enforcement Act 2007, is met if the individual has been an authorised person in relation to a reserved legal activity—such as the conduct of litigation or rights of audience in higher courts—for at least seven years. In practice, this applies to qualified barristers (called to the Bar of England and Wales) or solicitors (admitted to the roll and holding practising certificates) with seven years of post-qualification experience, though equivalent qualifications in advocacy or litigation suffice. The condition emphasises substantive legal engagement rather than mere qualification duration, allowing for assessment of practical competence in complex appellate matters. Appointments are restricted to individuals who are citizens of the United Kingdom, the Republic of Ireland, or a Commonwealth country, aligning with broader eligibility criteria for judicial office in England and Wales.[12] There is no statutory upper age limit for eligibility, though appointees must retire by age 75 under section 45 of the Senior Courts Act 1981. In reality, selections by the Judicial Appointments Commission prioritise candidates with extensive judicial tenure, often from the High Court bench, to maintain institutional expertise in reviewing lower court decisions.[2]Selection and Appointment Process
Appointments to the Court of Appeal in England and Wales are made by the monarch on the advice of the Lord Chancellor, following selection through an independent process designed to prioritize merit while maintaining judicial independence. This framework was established by section 79 of the Constitutional Reform Act 2005, as amended by the Crime and Courts Act 2013, which shifted authority from direct executive influence to structured, merit-based selection by ad hoc panels. The selection panel for each vacancy is convened under regulations specifying its composition to include senior judicial figures and representatives from the Judicial Appointments Commission (JAC). The panel is chaired by the Lord Chief Justice (or their nominee) and typically comprises the Master of the Rolls, the chair of the JAC, and at least two lay judicial appointments commissioners.[13] For instance, in the June 2025 appointments, the panel included Baroness Carr (Lady Chief Justice, chair), Sir Geoffrey Vos (Master of the Rolls), Helen Pitcher OBE (JAC chair), Susan Hoyle, and Rt. Rev. Dr Barry Morgan as lay commissioners.[13] This structure ensures input from experienced judges alongside non-judicial members to assess candidates' judicial aptitude, ability, and integrity, with diversity considerations secondary to merit.[14] The process begins with public advertisement of vacancies, inviting applications from eligible candidates, who must demonstrate substantial judicial or legal experience. Applications undergo sift, shortlisting, and rigorous assessment, including interviews, references, and statutory consultations with figures such as the Lord Chancellor and senior judges. The panel must select a single candidate deemed appointable or, if none qualifies, request the Lord Chancellor to notify the vacancy remains unfilled; it cannot rank multiple candidates.[15] The recommendation goes to the Lord Chancellor, who may accept it, reject it (once only, with published reasons), or direct reconsideration; final appointment follows royal warrant. This mechanism, operational since 2006, has resulted in appointments like those in June 2025, where five judges were selected from open competition.[13]Tenure, Retirement, and Removal
Court of Appeal judges, known as Lords or Ladies Justices of Appeal, hold office quamdiu se bene gesserint ("during good behaviour"), a tenure secured by section 3 of the Act of Settlement 1701, which protects judicial independence by preventing arbitrary dismissal except for proven misbehaviour or incapacity. This arrangement ensures judges serve without fixed terms, subject only to mandatory retirement, voluntary resignation, or removal for cause, as reaffirmed in subsequent statutes governing the senior judiciary.[16] The mandatory retirement age for these judges is 75, raised from 70 effective from April 2022 under amendments introduced via the Public Service Pensions and Judicial Offices Act 2022, following a government consultation that addressed demographic pressures and judicial capacity needs in an aging population.[17] Prior to this, the age of 70 had been set by the Judicial Pensions and Retirement Act 1993 for most judicial office-holders appointed after 31 March 1995, with provisions for limited extensions in cases of incapacity or business necessity.[18] Judges may resign at any time by tendering written notice to the Lord Chancellor, but extensions beyond 75 are not permitted for Lords Justices of Appeal. Removal from office is rare and rigorously safeguarded, requiring an address presented to the Sovereign by both Houses of Parliament on grounds of misbehaviour, as provided under section 11 of the Senior Courts Act 1981 and longstanding constitutional practice. For Lords Justices of Appeal, the process begins with the Lord Chancellor convening an independent tribunal under section 135 of the Constitutional Reform Act 2005, after consultation with the Lord Chief Justice and the Prime Minister; the tribunal, comprising at least five members including senior judicial and lay figures, investigates complaints and recommends removal only if incapacity or misbehaviour is substantiated on the balance of probabilities. No such removal has occurred for a Court of Appeal judge in the modern era, underscoring the system's emphasis on tenure security over political or executive influence.[19]Role and Jurisdiction
Organizational Structure
The Court of Appeal of England and Wales comprises ex officio judges and ordinary judges known as Lords and Ladies Justice of Appeal. Ex officio judges include the Lord Chief Justice, the Master of the Rolls, and the Presidents of the King's Bench Division, Family Division, and Chancery Division of the High Court, who may sit in either division as needed.[20][2] Ordinary judges number 39 as of the latest composition, appointed specifically to the Court of Appeal and eligible to hear cases in both divisions.[2] The court is organized into two divisions: the Civil Division, presided over by the Master of the Rolls as its president, and the Criminal Division, presided over by the Lord Chief Justice.[2] This divisional structure reflects the separation of civil and criminal jurisdictions, with judges drawn from the pool of ex officio and ordinary members, though the Master of the Rolls and Lord Chief Justice hold primary leadership roles within their respective divisions.[1] Hearings in the Civil Division are typically constituted by three judges, selected from any combination of Heads of Division and Lords or Ladies Justice of Appeal.[2] In the Criminal Division, panels also generally consist of three judges, but include at least one Lord or Lady Justice of Appeal, supplemented by two High Court judges or one High Court judge and one senior circuit judge.[2] Divisional courts within the structure, handling specific appeals and judicial reviews, feature Lords or Ladies Justice of Appeal sitting alongside High Court judges.[2] This composition ensures specialized expertise while maintaining flexibility across the court's operations at the Royal Courts of Justice in London.[1]Civil Division Responsibilities
The Civil Division of the Court of Appeal exercises appellate jurisdiction over civil cases originating from the High Court of Justice in its King's Bench, Chancery, and Family Divisions, as well as selected appeals from County Courts and tribunals where statutory provision allows.[21] This includes disputes involving contract, tort, property, commercial matters, intellectual property, and family law issues outside criminal proceedings.[2] Established under section 3 of the Senior Courts Act 1981, which delineates the Civil Division as distinct from the Criminal Division, its role centers on reviewing lower court decisions for errors of law, fact, or procedure, with powers to affirm, vary, reverse, or remit cases for retrial.[22] Appeals to the Civil Division require permission, typically granted by the lower court or the Division itself if there exists a real prospect of success or another compelling reason, as governed by Civil Procedure Rules Part 52.[23] Hearings generally involve a panel of three Lords or Ladies Justice of Appeal, led by the Master of the Rolls as President, who oversees case management and ensures procedural fairness.[2] The Division handles specialized lists such as Chancery, Commercial, Tax, Competition, Technology and Construction, and Intellectual Property appeals, addressing complex issues like fiduciary duties, regulatory challenges, and patent validity.[24] In addition to substantive review, the Civil Division determines ancillary matters including costs awards under section 51 of the Senior Courts Act 1981, interim remedies, and stays of execution, promoting uniformity in civil jurisprudence across England and Wales. Decisions bind lower courts and contribute to precedent development, though appeals to the Supreme Court require leave on points of general public importance.[1] The Division processes approximately 800-1,000 appeals annually, prioritizing those with significant legal or economic implications to maintain judicial efficiency.[10]Criminal Division Responsibilities
The Criminal Division of the Court of Appeal serves as the primary appellate body for criminal cases in England and Wales, hearing appeals from convictions, sentences, and related orders issued by the Crown Court.[25][26] This jurisdiction extends to sentences imposed by the Crown Court even where the underlying conviction occurred in a magistrates' court, ensuring review of trial outcomes on indictments.[25] The division also adjudicates appeals against confiscation orders made under the Proceeds of Crime Act 2002, focusing on the proportionality and legality of asset recovery following convictions for serious offenses.[25] In addition to direct appeals, the Criminal Division processes references from the Criminal Cases Review Commission (CCRC), which investigates potential miscarriages of justice and refers cases where new evidence or arguments suggest a conviction or sentence may be unsafe.[25] It handles Attorney General's references for unduly lenient sentences, allowing the executive to challenge perceived sentencing leniency on points of law, as well as points of law arising from acquittals in the Crown Court.[27] The division operates as the Court Martial Appeal Court for appeals from service tribunals, reviewing convictions and sentences from military courts.[25] The Lord Chief Justice presides as head of the division, with hearings typically comprising three judges: usually two Lords Justices of Appeal and one High Court judge, or three Lords Justices for more complex matters.[26] The division's powers, governed primarily by the Criminal Appeal Act 1968, include quashing unsafe convictions, substituting alternative verdicts, ordering retrials where evidence warrants, and varying sentences to reflect appellate findings on culpability or mitigation. Permission to appeal is required for most cases, granted by a single judge on paper or, if refused, by the full court if it deems the appeal arguable and capable of succeeding.[25] This gatekeeping mechanism, rooted in section 11 of the Act, prioritizes substantial grounds over routine challenges, with the court emphasizing the "lurking doubt" test for conviction appeals where fresh evidence undermines trial safety.[28] Proceedings occur at the Royal Courts of Justice in London, with the Criminal Appeal Office managing case preparation under the Criminal Procedure Rules.[25]Formal Titles and Practices
Official Designations and Address
Judges of the Court of Appeal in England and Wales who are not heads of division are officially designated as Lord Justices of Appeal for male judges or Lady Justices of Appeal for female judges upon appointment by the Crown.[29][2] In formal correspondence and legal documents, they are styled as The Right Honourable Lord Justice [Surname] or The Right Honourable Lady Justice [Surname], often abbreviated as [Surname] LJ.[30][2] Within court proceedings, advocates and parties address them orally as Lord Justice or Lady Justice, followed by the surname, with the honorific My Lord or My Lady used for direct reference or rising to speak.[30] This form of address reflects the judges' seniority below the Supreme Court but above High Court judges, maintaining traditional hierarchical distinctions in the English judiciary without peerage titles unless separately ennobled.[30][2]Court Dress and Insignia
Court of Appeal judges in England and Wales wear distinct attire depending on the division and nature of proceedings, reflecting reforms to modernize judicial dress while preserving traditions in criminal matters. In the Civil Division, judges don a civil robe introduced on 1 October 2008, featuring gold tabs at the neck to denote their appellate seniority; this ensemble omits wigs, wing collars, and traditional bands.[31][2] In contrast, for hearings in the Criminal Division, Lords Justices of Appeal wear a black silk gown paired with a short wig, accompanied by a court coat, waistcoat (or sleeved waistcoat), skirt or trousers, and bands at the collar.[31] High Court judges sitting in the Criminal Division of the Court of Appeal similarly adopt a black silk gown and short wig, with scarlet robes reserved for Red Letter Days such as the opening of term.[31] These variations stem from 2007 reforms announced by the Lord Chief Justice, aiming to distinguish civil proceedings through simplified, wig-free attire while retaining full regalia in criminal contexts to uphold solemnity.[32] No unique insignia beyond the gold tabs and standard judicial accoutrements, such as the gown's fabric and styling, are mandated for Court of Appeal judges, emphasizing functional hierarchy over elaborate ornamentation.[32]Current Composition and Trends
Number of Judges and Hierarchy
The Court of Appeal of England and Wales consists of ex-officio judges, including the Lord Chief Justice and the heads of the High Court's divisions (President of the King's Bench Division, President of the Family Division, and Chancellor of the High Court), alongside ordinary judges styled as Lords Justices of Appeal or Ladies Justices of Appeal.[1] The maximum full-time equivalent number of ordinary judges is 39, as prescribed by section 2 of the Senior Courts Act 1981 and amended by the Maximum Number of Judges Order 2015, which increased the limit from 38 to accommodate rising caseloads.[20] This statutory cap allows flexibility for appointments to maintain judicial capacity, with the precise complement fluctuating based on retirements at age 75 and new selections by the Judicial Appointments Commission.[33] All ordinary Lords and Ladies Justices of Appeal hold equivalent judicial authority, with internal precedence determined by the date of appointment rather than formal ranks.[29] The court's two divisions introduce functional leadership: the Civil Division is presided over by the Master of the Rolls, an ordinary judge selected for the role, supported by a Vice-President who handles case management and administrative duties.[29] The Criminal Division operates under the Lord Chief Justice's oversight as head of the judiciary, with a dedicated Vice-President assisting in procedural and operational matters.[29] Certain ordinary judges may also assume extra-judicial presiding roles, such as Senior Presiding Judge for England and Wales, to coordinate lower court operations, but these assignments do not confer superior status in appellate hearings.[29] Appeals are typically heard by panels of three judges, drawn from these members without distinction based on divisional leadership except as assigned.[1]Demographic Composition and Diversity
As of 1 April 2025, female judges comprised 28% of senior court posts, including the Court of Appeal, up from lower figures in prior years but lagging behind the 44% female representation across all judicial roles.[34] Specific to the Court of Appeal, women accounted for 23% of judges in 2025, reflecting slower advancement at this senior level despite overall judicial feminization trends since 2014, when female court judges were 24% overall.[35] [36] Ethnic diversity is limited, with white men holding 74% of Court of Appeal positions as of mid-2024, a figure consistent with patterns of underrepresentation in higher judiciary tiers.[37] Across court judges broadly, 89.6% identified as white in 2024, with ethnic minorities at 11% as of April 2025—primarily Asian (6% overall, over half Indian background) and black (1%, unchanged since 2015).[38] [34] Black representation has stagnated at senior levels, including the Court of Appeal, amid broader critiques of recruitment pipelines favoring established barrister profiles that skew white and male.[37]| Demographic Category | Court of Appeal (approx., 2024-2025) | All Court Judges (2025) |
|---|---|---|
| White Men | 74% | Not specified |
| Women | 23% | 38% |
| Ethnic Minorities | <10% (inferred from seniority trends) | 11% |